Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-10
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where paper have once been filed with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned. but must be transmitted to the Gen
eral Land ONCE.
An application will be rejected when the
scription OF the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in q
newspaper designated as published nearest the
claim.
rhird-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending = suit In Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions Of o claim. application for
patent may be made by either for tn ut portion
OF the claim owned by him; but where several
parties own undivided interests IL . mining
claim all should join in an application for q
patent.
a R0AeOh Va AhI DuICukHt U .
many placer locations ~ the local Law admits,
and embrace them all In one application for 3
patent.
W or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to act as q deputy for the Register and Re-
ceiver cannot be recorded as evidence.
In all patents for mining claims situated
within the interior boundaries of town site
Q clause 10 in erted "excepting and excluding
all town property, rights upon the surface,
and all houses. buildings. structures. lots,
blocks. streets, alleys or other municipal i'm
provements not belonging to the grantee here
in. and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made q only
one newspaper for the period Of so days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
newspapers 60 days must elapse between the
fret and last insertions.
Where the Register esignstes the Tally issue
Of o newspaper for publication of notices of q
mining application for patent IL is not q COM
pliance with law TO change TO the weekly edi-
zion of the same paper without authority of
the Register.
The existence Of q salt spring on a tract of
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of such land Is not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale Q separate and
distinct claim against each application which
1t 10 alleged conflicts with the promises owned
by such adverse claimant.
The papers in an adverse claim, once filed
cannot be Withdrawn. but becomes 0 part Of the
record.
When an adverse claim has been hled II can.
not be amended SO as TO embrace q larger por.
tion Of the premises than thst described In the
original adverse claim.
An adverse claim must be made ont In
proper form and filed in the proper local Off CO
during the period Of publication OF the appii-
cation for the patent TO be effective.
1t is the duty Of the adverse claimant G
commence suit in proper form within the re.
quired time. and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result Of
| the corrupt or dishonest action OF his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions Of law, without stating the
facts specially, will not he considered In evi.
dence.
L AL IL obOui0 bAOW . COLuRfi-
ance with the local laws in recording his claim
and In regard to expenditures, and shall nile o
copy of the original notice of his location. and
show the nature or extent OF the c0nfici
alleged.
An allegation of parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
| original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL Lands.
Where land is Of little. IL any value, for agri.
cultural purposes, but 10 essential to the
proper development Of mining claims, II
should be disposed OF undsr the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled 81 any time
prior to Issuance of patent, upon satisfactory
evidence OF the existence Of such valuable de-
posits.
Where valuable deposits of mineral sre dis.
entered as agricultural. but before / Itent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will Re cancelled to
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not = citizen before disposlng of his
claim must be afirmstively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens.
In the absence of allegation or objection prior
to issuance OF patent.
T b portion Of q mining claim sold 10 an
alien cannot be patented while such owner lie
an alien; but on his declarations o become 4
citizen his right dates back to his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LED0Ks.
Revised Statutes. Section 2.336;
Where two or more lodges cross or fntersect
each other, priority Of title shall govern. and
such prior location shall be entitled to all ore
or mineral confsined within the space of inter.
section, but the subsequent location shall have
the right OF way through the space of inter.
section Tor the purpose OF the convenient
working OF the mine. And where two or more
veins unite the Oldest or prior location shall
take the vein below the point OF union. in.
Guiding all the space OF Intersection.
UNNxLs.
There 10 no authority OF law for o tunnel